THE PROBLEM

OSHA’s proposed ergonomics regulation will directly impede the ability of the public and private sectors to protect the public health by collecting garbage, recyclables and yard waste in an efficient, cost-effective manner. In addition, this regulation will be an unfunded mandate, increasing the cost local governments must pay to manage trash and recyclables.

As a result, a coalition of public and private sector solid waste management organizations is requesting an exemption from the ergonomics regulation until such time as ergonomics best management practices can be developed for solid waste management. These organizations include the Municipal Waste Management Association of the US Conference of Mayors, the National Solid Wastes Management Association, the Solid Waste Association of North America, and the West Coast Refuse and Recycling Coalition.

UNIQUE FACTORS DEMAND AN EXEMPTION

Solid waste management is a unique industry that combines public and private sector involvement while protecting public health and the environment. Residential garbage, recyclables and yard waste are collected and managed by public sector crews or by private sector haulers under contract to local governments. Commercial garbage and recyclables are usually collected and managed by private sector haulers who contract directly with businesses. In both cases, public and private operations are subject to state and Federal health and environmental requirements.

The solid waste industry is requesting an exemption from the ergonomics regulation similar to the exemption OSHA proposed for the construction, maritime and agricultural industries. OSHA proposed to exempt these industries because employers have limited control over their employees and their workplace and because OSHA admitted it does not know the ergonomic solutions for these industries.

Among the factors over which the solid waste management industry lacks control are:

Location of refuse and recyclables: a collection crew stops at hundreds of houses in a day and has no control over where residents place their garbage and recyclables for collection. In some communities, they are placed at the curbside, in others at the side or the back of the house. In some cities, haulers carry garbage cans down three flights of apartment house stairs. Where these materials are placed is a local political decision based on residents’ desires.

Weight of contents: the collection crew has no control over the contents or the weight of what is placed out for collection and rain and snow make the contents these containers heavier.

Weather conditions: garbage and recyclables are collected regardless of the weather unless public authorities have ordered trucks off the roads due to an emergency such as a hurricane or heavy snows.

Supervision: a safety supervisor cannot follow every truck every day to ensure that safety provisions are being followed.

Employee turnover: solid waste collection has high employee turnover because of the need for workers who enjoy being outside while doing physical labor.

Automated collection: OSHA’s apparent ergonomic solution of automated collection equipment is not a one-size-fits-all solution. Automated collection equipment is expensive to buy and maintain, cannot be used in every city or on every route, and may simply substitute one type of ergonomic injury for another. In addition, OSHA should not dictate to local governments about how to collect garbage and recyclables.

Unfair competition: in "Federal OSHA" states, the public sector is not subject to OSHA regulations. In these states, public sector haulers will have a competitive advantage over their private sector competitors.

Cost: a public or private sector hauler operating a small, ten truck system, could face approximately $2,500,000 in additional equipment costs alone. Total nationwide costs would be in the hundreds of millions.

Unfunded mandate: private sector haulers under contract to local government to provide residential collection will increase their prices to cover the cost of meeting ergonomic regulations. Similarly, in those states where public sector hauling operations are subject to OSHA standards, the public sector will be forced to raise taxes to cover the cost of compliance with OSHA’s regulations.

These higher costs are an unfunded mandate that must be paid by taxpayers.

SOLUTION

OSHA officials admitted at the Washington D.C. public hearing on their proposal that they included solid waste management without any specific background data on how garbage and recyclables are collected and what reasonable ergonomics solutions exist. Before imposing ergonomics requirements on solid waste and recyclables collection, public and private sector haulers and OSHA should first develop ergonomic best management practices that will protect the public health and worker safety in a cost-effective manner.